Opinion

United States v. $126,880 In U.S. Currency

Court
District Court, M.D. Florida
Filed
Mar 5, 2020
Cited by
0 cases
Authority
More cited than 19.7%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 2:19-cv-00728-FtM-60MRM

APPROXIMATELY $126,880 IN

UNITED STATES CURRENCY,

Defendant.

/

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation of United

States Magistrate Judge Mac R. McCoy entered on January 7, 2020. (Doc. 24). By

and through the well-reasoned report and recommendation, Judge McCoy

recommends that the Court:

(1) grant the “United States’ Motion for Leave to File Reply” (Doc. 16), nunc

pro tunc, and construe the motion as a reply;

(2) grant the “United States’ Motion to Strike Statements of Rights or

Interest” (Doc. 18);

(3) strike the Lorzeno Brown’s and Quenita Mara Harris’s respective

“Statement[s] of Right or Interest” (Doc. 17), with leave to file an amended

claim;

(4) grant the “United States’ Motion to Strike Motion to Dismiss” (Doc. 14);

and

(5) strike the “Motion to Dismiss Verified Complaint for Forfeiture In Rem for

Failure to State a Claim Upon Which Relief Can Be Granted” (Doc. 13)

without prejudice to Claimants’ ability to renew their motion thirty days

after they file their amended claims.

No party has filed an objection to the report and recommendation, and the time to

object has expired.

Under the Federal Magistrates Act, Congress vested Article III judges with

the power to “designate a magistrate judge to hear and determine any pretrial

matter pending before the court,” subject to various exceptions. 28 U.S.C. §

636(b)(1)(A). The Act further vests magistrate judges with authority to submit

proposed findings of fact and recommendations for disposition by an Article III

judge. 28 U.S.C. § 636(b)(1)(B). After conducting a careful and complete review of

the findings and recommendations, a district judge may accept, reject, or modify the

magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v.

Wainwright, 681 F.2d 732 (11th Cir. 1982).

In the absence of specific objections, there is no requirement that a district

judge review the facts de novo. Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.

1993). However, the district judge reviews legal conclusions de novo, even in the

absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th

Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),

aff’d, 28 F.3d 116 (11th Cir. 1994) (table). When no timely and specific objections

are filed, case law indicates the district judge should review the magistrate judge’s

proposed findings and recommendations using a clearly erroneous standard. See

Gropp v. United Airlines, Inc., 817 F. Supp. 1558, 1562 (M.D. Fla. 1993).

After careful consideration of the record, including Judge McCoy’s report and

recommendation, the Court adopts the report and recommendation. The Court

agrees with Judge McCoy’s detailed and well-reasoned factual findings and legal

conclusions, including that the Claimants lack standing and cannot move to dismiss

this action, but that they should be granted leave to file amended claims.

It is therefore

ORDERED, ADJUDGED, and DECREED:

1. “United States’ Motion for Leave to File Reply” (Doc. 16) is GRANTED, nunc

pro tunc, and construed as a reply.

2. “United States’ Motion to Strike Statements of Rights or Interest” (Doc. 18) is

GRANTED.

3. Lorzeno Brown’s “Statement of Right or Interest” and Quenita Mara Harris’s

“Statement of Right or Interest” (Doc. 17) are STRICKEN. Brown and Harris

may file an amended claim that complies with the directives of this Order on

or before April 4, 2020.

4. “United States’ Motion to Strike Motion to Dismiss” (Doc. 14) is GRANTED.

5. Claimants’ “Motion to Dismiss Verified Complaint for Forfeiture In Rem for

Failure to State a Claim Upon Which Relief Can Be Granted” (Doc. 18) is

STRICKEN. Claimants may renew their motion thirty days after they file

their amended claims, consistent with this Order.

DONE and ORDERED in Chambers in Fort Myers, Florida, this 5th day of

March, 2020.

TOM BARBER

UNITED STATES DISTRICT JUDGE

Page 8 of 3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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